HomeMy WebLinkAboutminutes.apz.20120104 Special City Planning & Zoning Meeting — Minutes — January 4, 2012
Comments 2
Minutes 2
Conflicts of Interest 3
Appointments of Chair and Vice -Chair 3
South Aspen Street PUD — PUD Amendment 3
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Special City Planning & Zoning Meeting — Minutes — January 4, 2012
Stan Gibbs opened the special meeting of the Planning and Zoning Commission in
Sister Cities Meeting Room at 4:30. Commissioners present were Bert Myrin, Jim
DeFrancia, Jasmine Tygre, LJ Erspamer, Keith Goode, Stan Gibbs and Cliff
Weiss. Staff in attendance were Jim True, Special Counsel; Jennifer Phelan,
Jessica Garrow, Community Development and Jackie Lothian, Deputy City Clerk.
Comments
Jim DeFrancia complimented the chair, Stan Gibbs, with the discussions with City
Council for his appropriately affirmative assertiveness without being
argumentative and demonstrated common sense. Bert Myrin agreed with Jim's
praise for Stan.
Bert said the future meetings list showed a couple of blank meetings the 24 and
31 and he wondered if the AACP could fill in those times. Jennifer Phelan
responded that she needed to talk with the long range planner and Chris for the
schedule. Bert said that he didn't mind keeping up meetings every Tuesday. Stan
said that Council would like P &Z to be at the Council meetings on the AACP;
whenever they get scheduled it would be great if everyone could be there from
both P &Z's. Stan said that we have a joint document that has been adopted by
both City and County P &Z.
Bert said there were 3 pages of issues that we wanted to discuss at P &Z that he has
written them down of over the last several years and asked if we wanted to do
something with the process for that data. Stan said that they need to schedule part
of a meeting for these things. Bert said it was the first of the year and wanted to
know if we wanted to schedule times for these issues. Jessica Garrow said that
they were scheduled on February 7 work session with Council. Bert said that he
would circulate the list of issues; to staff or Jackie.
Jessica said on January 23' they are doing a first reading of the AACP with
Council and then public hearings on the 13 and 27 of February. On February 7th
it is in Council before they adopt the plan and as soon as that action is taken we
can move into code amendments. Stan asked if P &Z was part of the 23` 13th and
27 meetings. Jessica replied yes and that she was looking to a work session with
Council about the code amendments and Community Development is hoping to get
comments from P &Z.
Minutes
MOTION: Jim DeFrancia moved to approve the minutes of November 15
seconded by LJ Erspamer. All in favor APPROVED.
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Special City Planning & Zoning Meeting — Minutes — January 4, 2012
MOTION: LJ Erspamer moved to approve the minutes from December 6 111
seconded by Jasmine Tygre. All in favor APPROVED.
Bert said there was a full board so why not extend it for the nominations for chair
and vice chair.
Stan opened the appointments for Chair and Vice -Chair to be voted on separately.
Jim DeFrancia nominated Stan Gibbs for Chair. Jasmine Tygre nominated LJ
Erspamer for Chair. Stan Gibbs nominated Jasmine Tygre for Chair. Jim True
counted the votes for chair and there were 4 votes were for LJ Erspamer as Chair.
Stan Gibbs asked for nominations for Vice Chair. Bert Myrin nominated Stan
Gibbs and Jasmine Tygre for Vice Chair. Jasmine Tygre nominated Bert Myrin
for Vice Chair. Bert Myrin declined his nomination. Jim True stated that Stan
Gibbs received the most votes.
MOTION: Jim DeFrancia moved to approve Resolution #001 -12 to approve LJ
Erspamer as Chair and Stan Gibbs as Vice Chair. Jasmine Tygre seconded. All in
favor, APPROVED.
Conflicts of Interest
None stated.
Public Hearing:
South Aspen Street PUD — PUD Amendment
LJ Erspamer opened the Public Hearing for South Aspen Street PUD. Jennifer
Phelan said the request before you is to amend the existing approvals for this South
Aspen Street PUD. Jennifer said the owners were ASV Aspen Street Owners LLC
and they are being represented by Poss Architecture and Mitch Haas.
Jennifer stated the existing parcel is located on Lots 1, 2 and 3, which are adjacent
to Aspen Street. Jennifer reiterated that this is to amend the approvals that are
vested; the existing approvals were for 31 on -site housing units, 14 are free market
and 17 were approved to be affordable housing units. It was a residential multi-
family project that was approved; this approval occurred in 2003 and the original
application was submitted in 2000. Jennifer said the applicant is before you to
reduce the entitlements to reduce the on -site housing to a total of 24 units; 14 will
be free - market and 10 will be affordable housing and proposed 8 off site affordable
housing units at the ABC'and a cash payment in lieu. Also proposed are some site
layout changes and architectural changes to the exterior of these residential
buildings.
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Special City Planning & Zoning Meeting — Minutes — January 4, 2012
Jennifer said that P &Z's role was to make recommendations on these land use
requests to Council; the approvals that are being vested are amendments to
basically the residential multi - family replacement program, growth management
for the affordable housing and a subdivision and PUD Amendment. Council is the
final approval of all reviews. Jennifer said that this was submitted under the 2000
land use code and approved 2003 for the 31 residential multi - family units, the
townhomes. Jennifer said the vesting has been extended while the owner has tried
to get a lodge development through; the last vesting of rights for this project was in
2009 and the vesting approval said that if there was a period of inactivity for 6
months then a 2 year vesting clock would start ticking and Aspen Mountain did not
materialize and there was a 6 month period of inactivity that was said to occur of
March 1, 2011. So the applicant needs to submit by March 1, 2013 either a
building permit for the approvals that were granted in 2003 or their vesting will
expire.
Jennifer said the applicant was here with a different proposal and the proposal
today was for Parcel 1, which is adjacent to Dean and Juan Streets to be developed
with a 5 plex free- market building and 1 affordable housing building with 10
affordable housing units and an underground parking garage which will require
some SkiCo parking, some affordable housing parking. Parcel 2 and 3 are the
higher part of South Aspen Street are proposed to be combined into 1 lot and is to
be developed with 3 triplexes with a total of 9 units.
Jennifer said the land use reviews were under the 2000 Land Use Code because it
is still a vested project and they are asking for amendments for those rules and
regulations that were in place in the original application. The 2000 code required
that 50% of the bedrooms and 50% of the net livable be replaced with affordable
housing and half of that affordable housing needed to be above grade. Jennifer
said in table 2 of the memo on Page 5; at the time in the original proposal they
exceeded the affordable housing on site. In 2000 they were proposing 43
bedrooms as opposed to the 12 that were required. Today's project proposed 10
units on site and that alone meets the 12 bedrooms requirement on site; the square
footage on site and in addition the applicant is proposing 8 three bedroom units at
the ABC that are about 1200 square feet a piece. Jennifer said that you end up
with 36 units both on site and at the ABC; there is about 16, 280 square feet of net
livable, which is less than was approved but in excess of the 2000 requirement.
The applicant does meet the review requirement for demolition of multi - family
housing; just on site and in excess of what's being proposed off site. Jennifer said
that APCHA did approve this proposal as well as the 2000 proposal; APCHA also
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Special City Planning & Zoning Meeting — Minutes — January 4, 2012
approved the cash -lieu being proposed and asking for an average of category 3 per
unit. This new proposal is in conflict with the preferred options of onsite housing
in APCHA's policy statement.
Jennifer said that in subdivision they are looking to merge lots 2 and 3 creating a
larger lot; it does meet the intent of subdivision standards.
Jennifer said the final review on the land use side is the Planned Unit
Development, so this property is located in the lodge zone district but is approved
for a townhome development on it. And also has an overlay on the site; the PUD
creates a site specific approval which is the townhomes. Jennifer said today the
applicants are requesting a new site specific approval; in general it reduces the
number of dwelling units on the site; it changes certain setbacks on certain
property lines and also changes the footprints of the building on the ground.
Jennifer said staff is concerned with the overall building setbacks and they are
highlighted in the staff memo, that are the curb cuts and the footprint of the
buildings to the street do not reinforce the traditional grid development of town.
Staff is also concerned about the use of retaining walls on the site even though it is
a steep site there is an opportunity to do that more sensitively on the site. Jennifer
said the biggest concern was the reduction of density on the site; off site housing
does not assist in lessening our reliance on the automobile. Staff is supportive to
changes to the site plan; the skin of the project, it is more modern and staff can
support unit type changes if the applicant thinks that would be a better mix of types
on the site but staff does not support moving density out of the city limits.
Cliff Weiss asked the number of units proposed. Jennifer replied the original
proposed 31 units (14 free - market and 17 affordable) and the current proposal is 24
on site residential units (14 free- market and 10 affordable housing) and 8 off -site
affordable housing units.
Jim DeFrancia asked on table 3 what sounds like more units you only have 42'1
employees housed. Jennifer said there was a total change in number of bedrooms
and unit types so what is being proposed is less employees that 3.5 cash -in -lieu
proposal to get you to that 46.
Stan Gibbs asked if there was a drawing that shows the setbacks. Jennifer
answered the site plan. Stan asked if they indicated where the issues were.
Jasmine Tygre said in the minutes of the final approval there was a comment in the
final PUD in front of Council where neighbors complemented the applicant in
reducing the height from 28 feet to 25 feet but your chart shows 28 feet. Mitch
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Special City Planning & Zoning Meeting — Minutes — January 4, 2012
Haas said the Ordinance said 28 feet but you will see a comparison of the buildings
proposed and the buildings approved. Jasmine said the overall FAR is going to
stay the same according to this chart, is that correct. Mitch replied it will actually
be lower, the chart established the maximum and they were not exactly sure how to
calculate them so they calculated the numbers under today's code.
LJ Erspamer asked about page 7 regarding Subdivision; you said in general the
applicant meets the subdivision criteria; what don't they meet. Jennifer responded
the subdivision requirements have some engineering standard review criteria and
they do meet the subdivision review criteria. LJ said that we received another
packet on this are they the same. Jennifer said that they were exactly the same
except for the addition of one sentence that is you needed me to bring extra copies.
LJ asked if the engineer is going to do the traffic analysis; it is accordance to the
National Standards and P &Z will not be seeing this. Jennifer replied that the
engineer would like a little more analysis for the area.
Bert Myrin said on page 2 it states the 4 reviews and asked if they all fell under
one of those. Jennifer responded what you have read are more the criteria for the
PUD. Bert asked if staff felt that the first 3 were mostly met. Jennifer replied the
residential replacement is met according to the 2000 code. Jennifer said the
growth management review is basically a substantial amendment; the affordable
housing standard basically asked for a recommendation from APCHA and they
would meet the criteria from the 2004 affordable housing as far as design; there are
some questions of categories that APCHA did not discuss; the average is category
3. Mitch Haas said at the APCHA told them that categories 1 and 2 for all of those
on site housing units and they would sort out which ones were 1 or 2. Mitch said
the way the off site was approved was category 3 can be lower if the developer and
APCHA negotiate and they were open to having those discussions as well.
Bert said staff had concern for the garage access to the upper triplex being forward
of Aspen Street. Jennifer answered that there were residential design standards
that were in place in 2000 and essentially she was trying to show which ones they
do or do not meet.
Cliff said that we have dealt with various condos since 2008. Jennifer replied that
there was no cap in 2000 on unit size. Cliff said isn't this a new PUD. Jennifer
said the cap size is in the multi - family zone district; she said that she didn't want to
make this more complicated than it needs to be; the applicant is asking to amend
their existing approvals under the 2000 code so they would not have to meet this
cap that is currently in place that was adopted in 2006.
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Special City Planning & Zoning Meeting — Minutes — January 4, 2012
Stan asked if the subdivision request to combine lots 2 and 3 has any significant
difference in the development that is allowed when you go from 42,000 to 65,000
square feet. Jennifer said this is a site specific development and it would only be
approving the triplexes on that one lot.
Jasmine said in the original approvals there lots like parcel 2 that were both LTR
and R -15 and the recommendation was to be LTR except the underlying zoning
dimensions would be that of LTR rather than R -15. Jasmine said that LTR allows
larger dimensions than R -15, correct. Jennifer replied that R -15 would be totally
different and different dimensions. Jasmine said that she was talking about
setbacks, FAR, height; all those are bigger. Jennifer said that R -15 has greater
setbacks. Mitch said that there is no LTR Zoning in the City anymore and this is
vested under LTR rules.
Bert said in the applicant packet F in the second sentence it talks about current
codes; he asked if that changed anything being under the current code. Jennifer
said you should be judging this on the code in effect at the time to keep it as simple
as possible. Bert agreed with Jennifer but he was confused on why the
dimensional requirements are focused on today's code or current in the second
sentence. Mitch said it was in the book page 7 and the city has adopted real clear
on how you define everything, the floor area purposes, how heights are measured.
Mitch said they designed this proposal given the current ways of calculating
things; for instance back in 2000 none of the garage floor area would count as
grade; but today's code a good deal of it does. Mitch said they built it into our
numbers which is getting back to Jasmine's question which is about why we didn't
lower the floor area limit it was that we weren't sure how the city was going to go
about doing calculations.
Jim DeFrancia said we are supposed to judge this application by the 2000 code and
the 2000 standards because that is what it is going with but if the applicant chooses
to agree voluntarily to more rigid standards that came in later they are free to do
that. Jennifer said particularly when they are talking about heights or setbacks or
square footages you want to go with you current code because that is what is
existing today.
Break
David Parker introduced himself as a partner with Bald Mountain Development
and the representative of ASV Aspen Street Owners, LLC. David provided his
background and said the site was purchased in 2000 by Centurion and got the
townhome project approved and through encouragement with the City through the
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Special City Planning & Zoning Meeting — Minutes — January 4, 2012
COWOP process for a hotel but they were turned down. David said the
partnership spent the last year looking at the site trying to see what options were
and again said let's go along with the townhome site and see if we can make it
better. David said that they have lessened some of the impacts on the neighbors.
Stephen Holley, architect with Poss Architecture, stated that they would be
addressing throughout the presentation the specifics from concerns raised during
the staff presentation and the recently P &Z questions with regards to setbacks, the
AH units mitigation, density and the pedestrian feel for the plan and changes.
Stephen utilized power point to show the overall areal of the portion of town
showing Wagner Park, the Gondola, the Little Nell, the Grand Hyatt, St. Regis,
Willoughby Park and the far parcels of this project lots 1, 2 and 3. Stephen
showed the current 30 SkiCo parking spots. Stephen said that they were always
conscious of the neighbors and what they think. Stephen said the encumbrances on
site were the 90 year lease for SkiCo parking and a private encumbrance
specifically to Mary Barbee's property which runs adjacent to their property and
until she sells they cannot build anything above grade.
Stephen noted the Juan Street Affordable Housing Units actually sits within the
site of current owners of this project. Stephen said the revised proposal honors that
open space for Juan Street Affordable Housing. Stephen said the retaining walls
are primarily street front. Stephen said by stepping the retained property up the
slope they can move up the site and pull it back and allow a better pedestrian
experience in this area.
Stephen said the flat part goes up to the mountain and the structures respond to that
as either in placement along there or a reorientation of the buildings to address how
you meet the mountain in this proposal. Stephen said from Norway looking back
over town we see the ski slope coming down and a natural flow of the structures in
that area. Stephen showed a rendering of the block and this takes into account the
approvals of the Lift One site. There is a 75 feet of rise of this section of South
Aspen Street; it is a significant amount of rise to incorporate into a project but it
also something to be cognitive of the street and street safety.
Stephen said the approved street section never anticipated there would be a project
on the other side of the street that moved into the right -of -way. Stephen pointed
out the approved townhome section on power point. Stephen noted that with the
approval that is built, South Aspen Street will have no parking, it is a narrowed
street so there is no place to pull over and stop to make deliveries or anything like
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that. They proposed to bring an inner driveway into the project to bring the cars in
terms of drop off and deliveries only of the street.
Stephen said their proposal was to spread the traffic out in a more evenly
distributed way but what it does is lower the traffic impact, to lower the traffic
counts for this project; if you take it from winter to summer it is a reduction of
traffic at peak hours by 14% and on an average from 15% to 22% reduction of
traffic. Stephen said that Jay Hammond did the calculations for this project.
Stephen said the livability for the people who are going to live there is good and so
the Aspenites access to the Lift One A. Stephen said the current proposal keeps 10
units on site and moves 8 units off -site; it retains the open space and livability is
maximized on site. Stephen said on site we have 1 and 2 bedroom units and offsite
3 bedroom units. Mitch said with that the Aspen Area Community Plan it is transit
orientated and throughout all the updates and this is infill development in a
developed area. Stephen said there was a connection to the park and with the new
proposal had more open space. The affordable housing steps down and the units
have breaks in between buildings. Stephen said that when you take a look at
parcels 2 and 3 we see the individual units and the 3 structures on the slope and if
we overlay a profile of the existing what is important to note is the revised design
to enable to step down the slope more naturally. Stephen said they would utilize
efficient construction and with the new massing there is more daylight.
David Parker said they want you to know that they are more respectful of the
neighborhood and there are no increases in height, floor areas and they are not
requesting any reduction in setbacks; they are not requesting any reduction in AHU
but the removal of some off site. David said they are requesting an extension of
our vested rights.
Cliff said that he was looking at the site plan and was trying to understand that
there were 2 driveways and one curve that goes in front of the lower, middle and
upper triplexes. Cliff said there was a separate piece of pavement that accesses a
garage completely separate off Aspen Street and off of Juan Street there is
additional pavement and assumes it goes into garages for the lower and middle
triplexes. Cliff said there was parking for a condo. David replied it was in the
right -of -way and they will be losing that parking and it is a non - conforming
building with no parking; we are talking with them. Cliff said that you are moving
the SkiCo further away from base operations. Mitch said the city reserved
emergency access for this site.
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Special City Planning & Zoning Meeting — Minutes — January 4, 2012
Stan asked the reason for the garage access and why it couldn't be integrated into
the curb cut for one way. Stephen replied that primary reason was a huge
difference in height; they lessened the curbs cuts from 3 to 2 but it widened the one
curb cut.
Bert said Exhibit G of the applicant designs, there is green space and he asked why
is that green space there at Juan Street Apartments. Stephen replied that is to the
encumbrance from Mary Barbee the absolute no above grade building. Mitch said
there was green space next to the Juan Street Apartments. Bert said Exhibit F in
the binder page 14 talks about parking reduced on Juan Street. Mitch replied that
the SkiCo parking moved into the garage.
Keith Goode said there was employee housing at the ABC but the free market
housing that you are building is all three bedrooms on site. Keith asked if there
were any other options looked at in town rather than the ABC. Mitch said that they
looked at a number.
Jasmine asked the square footage for the 10 free - market; what was originally
proposed and what is proposed now. Mitch replied they were originally 14 and
there were 10. David said they were all under 5,000 square feet. Jasmine said that
you are saying there is no increase in the above grade free - market square footage.
The applicant answered that is correct. Mitch said another significant difference
was that all of the affordable housing is lottery for sale units.
LJ asked how big were the retaining walls; he noticed some at 4 feet, 8 feet and 14
feet. Stephen stated that they ranged from about 14 feet and go down as low as a
foot and there is no difference from the original; maybe one at 16 feet, it is the
position of those retaining walls to lessen the impact. LJ asked if staff objected to
the retaining walls. Jennifer replied they were overall site issues and we hoping
some of the retaining walls could be reduced. Mitch said the original plan was
hard to read. LJ said that they said they had to take the soils to Denver and the
EPA says you can take it to the dump here. Mitch said it was a little too toxic for
that.
LJ asked if there were any public that would like to make a comment on this
application.
Public Comments:
1. David Ellis owner at the Timberridge Condominiums, said as David Parker
indicated they have had input and if the project is built as originally
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Special City Planning & Zoning Meeting — Minutes — January 4, 2012
approved the parking in public /private area on Dean Street will disappear.
David Ellis said the other one is circulation and traffic. David Ellis said
prior to Juan Street and Trainor Landing project being improved there was
no parking being approved anywhere on Garmich but there was head in
parking the entire length of Koch Park and City Council in their discretion
decided to change all that. The fact remains that after those projects were
built and some of the slides showed there is parking on Juan Street and
Garmich. David said you were talking about the loss of 18 spaces.
Cliff said in 2003 there was talk about Timberridge parking in this new project.
David Parker answered he didn't see how that was really possible in the original
hearing.
Jennifer entered into the record the minutes that we have talked about will be
Exhibit H (P &Z December 5, 2000, January 16, 2001) and City Council (February
12, 2001, March 26, 2001 and April 9, 2001); final minutes of P &Z (June 3, 2003)
and Council (July 28, 2003). The applicant's presentation will be Exhibit I.
David Parker said they were not changing David Ellis' situation; we have a
proposed plan that and will work with him to see if there is any other solution.
LJ noted that it was 7 o'clock and wanted to know if anyone wanted to extend the
meeting.
MOTION: Jim DeFrancia moved to continue South Aspen Street to January 17,
2012 seconded by Jasmine Tygre. All in favor APPROVED.
MOTION: Cliff Weiss moved to extend the meeting for 15 minutes seconded by
Stan Gibbs. All in favor, APPROVED.
Jasmine Tygre and Jim DeFrancia excused themselves at 7:OOpm.
Other Business:
Miscellaneous Code Amendments
LJ Erspamer opened the Miscellaneous Code Amendments. Jessica Garrow said
this is not a public hearing and the public hearing is next week on January 10` and
she wanted to give a brief presentation on the "gap" code amendments related to
the AACP. Jessica said there were 16 review criteria in the land use code by
consistency with the Aspen Area Community Plan or Aspen Area Comprehensive
Plan. Jessica said because the new AACP is going to be a guiding document the
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new land use will eliminate the references to the AACP otherwise we continue
using the 2000 AACP to not reflect the community sentiment in the same way that
the more updated Plan does.
Jessica said the proposed changes are fairly minor in nature and it is to make sure
P &Z and City Council retain their existing review authority related to mass and
scale and neighborhood compatibility. Those are the 3 things that the AACP is
most typically used for right now so we are suggesting eliminating some references
to the AACP and changing areas like PUD, SPA and Subdivision where we have
used the AACP to have those sections to just address mass and scale and
neighborhood compatibility. There is an additional proposed code change in
Exhibit B in the packet that calls for new neighborhood outreach requirement for
applications that are significant. Staff wanted to a have a more detailed discussion
with P &Z about terms if should this be a requirement, should it just be a
suggestion but the 2000 AACP talks about importance of communicating with
neighbors and neighborhood comment on a project and Council has used that in the
past.
Stan Gibbs asked about language on page 14 in #B there is a proposed amendment
for a recognized community goal; he was concerned that recognized was just
another difficult word to understand; there needs to be a better definition than just
recognized. Jessica replied adopted. Stan said that is the other one because
adopted; what are you talking about are you really thinking when I read that it was
Oh just the AACP just a different code. Jessica answered that it is something that
we talked about at staff and some input from private planers and architects that use
the AACP and we are going to have another meeting with them tomorrow to try
and get some feedback on these in general. Jessica said that any code amendment
should reflect community will and community sentiment so it could be AACP, it
could be Council top 10 goals, or something else that is a recognized community
goal. Jessica stated that if you have a different verb for that she would like to hear
it stated, we want to make sure that this is clear. Stan said under Planned Unit
Development on page 26; he thought this the kind of thing that we need to have
and actually say we are replacing the reference with actual code language that
defines what the criteria are. Stan said we need to think of a way to better do those
things. Jessica said that they will come back with some suggestions; one thing to
keep in mind is that a code amendment is fundamentally different than a
development.
Cliff Weiss asked the timing reconciliation of this which is staff's wish list towards
code amendment. Jessica responded that this is intended to cover the gap issues
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because the AACP is going to be adopted as a guiding document unless Council
passes an Ordinance that says the 2000 AACP is no longer in effect and we are
eliminating the references to the AACP in our land use code; what will happen is
when we are coming forward and presenting an application to you we will have to
pull out the 2000 AACP and see if the project is consistent with it. Jessica said the
gap issues was trying to eliminate some of the subjectivity in the code, make sure
P &Z and Council retain the authority that you have in the AACP to remain with
the compatibility with mass and scale without having to just reference the AACP.
Cliff said let's be specific and look at 8040 Greenline Review on page 3 of 6 and
says any development with 150 feet of 8040 elevation lines before I go through a
height with P &Z; he loved that but was confused because won't we be considering
a number; aren't we doing work twice. Stan said we should look at page which
actually looks at 8040 and it is quite clear, number 11. Jessica said on 8040 there
is always a recommendation from Parks, Recreation and Trails and Parks uses their
adopted recommendations and what happens is that staff couches it in terms of
AACP; the actual rules and regulations that we are getting out of this one are not in
the AACP; they are in other adopted standards.
Bert Myrin said the goal of this is to provide something for elected officials to rely
on when they can't enter the AACP. Bert asked staff to find the projects that were
difficult and see if the language is in this proposed. Bert said were there things that
met the code but the staff or P &Z or Council say "yeah but..." and those need to
be addressed; there are only a couple of big ones per year. Stan said that you
would have found those cases where you would have found out the issues. Jessica
said having language caused by the code is a stronger position to be in than
referring to a separate guiding aspirational document. Jessica said they are trying
to get to the more specific language. Bert said he was worried in the interim time
that a developer said that actually wanted to do it; instead of just backing away we
would have this gap. Jessica said the way that we understand the way the staff has
used the gap issues as mass, scale and neighborhood compatibility and that needs
to be incorporated in to the land use code. Jim True said he understands what Bert
is saying and it may not be too easy to apply but 2 examples; Cooper Street came
up in subdivision to comply with the AACP; a ecouncil member said it doesn't
comply for x, y and z and you are looking for x, y and z to be in this code
amendment. Jessica said the differences that there have been situations that staff
has said meets this proportion of the AACP and then in a public hearing Council or
P &Z has said no it doesn't.
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MOTION: Bert Myrin moved to continue the "gap issues" Code Amendment to
Tuesday, January 10` seconded by LJErspamer. All in favor, APPROVED.
MOTION: Bert Myrin moved to adjourn at 7.:35pm seconded by Stan Gibbs. All
in favor, APPROVED.
Adjourned at 7:35 pm.
ackie Lothian, Deputy City Clerk
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